Finisar Corporation v. Nistica, Inc.
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 23 Motion to Dismiss as Moot. The hearing set for November 12, 2013 is VACATED. (fs, COURT STAFF) (Filed on 10/30/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FINISAR CORPORATION,
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Northern District of California
United States District Court
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Plaintiff
Case No.: 13-CV-3345 YGR
ORDER DENYING MOTION TO DISMISS AS
MOOT
vs.
NISTICA, INC.,
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Defendant.
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In this patent case, on October 3, 2013, Plaintiff filed a motion to dismiss counterclaims
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asserted in Defendant’s Answer under Federal Rule of Civil Procedure 12(b)(6), and to strike
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affirmative defenses under Rule 12(f). (Dkt. No. 23).
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On October 17, 2013, Defendant filed a statement of non-opposition, in which it represented
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that, pursuant to Rule 15(a)(1(B), it would file an Amended Answer no later than October 24, 2013.
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(Dkt. No. 32.)
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Defendant timely filed its Amended Answer. (Dkt. No. 35.) In light of the filing of that
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pleading, Plaintiff’s motion is DENIED as moot. The hearing set for November 12, 2013, is
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VACATED.
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This Order terminates Docket No. 23.
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IT IS SO ORDERED.
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Date: October 30 , 2013
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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